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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87577
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We have a coworker that was in the US for 85 days earlier this

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We have a coworker that was in the US for 85 days earlier this year (arrived Feb 1 and returned to England on April 26) and was also here in August 2012 for 2 weeks. How long do we have to wait to not have issues with him coming back on the Visa Waiver program with zero issues at entry? We are wanting him here for another 80-90 day period to meet with clients he works with, to help plan the future of our software in whiteboard sessions and to attend user meet ups, and of course to have fun and hang out with friends he's made here in the US.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The reason why you have not been able to find an answer is because there is no specific law that states how often the Visa Waiver Program may be used.

Understand that US wants to encourage tourism and visits from other countries, and the Visa Waiver Program is meant to encourage this. Depending on the person’s situation, two trips a year may be too many, or, five trips may be seen as fine. What USCIS/ICE/CBP worry about is the possibility that the individual will want to stay permanently. This is called dual intent. Dual intent means that one intends to stay in the US as an immigrant while on a visitor visa. A VWP visa does not allow dual intent. This is an important doctrine.

Keeping this in mind, every time a VWP person attempts to enter, the agents consider: (1) his ties to home, (2) his reason for visiting, (3) his age and family back in home country, and/or (4) any other factors they deem proper.

For example, someone who has family here and is coming for someone's graduation ceremony but has to get back home to work soon has a lower chance of refusal than say an unemployed recent graduate who has no job and no reason to go home any time soon.

Likewise, a person who has visited once every 6 months with a 6 month break in between has a better risk of refusal than someone who has visited back to back for a month every month.

So in other words, it really is up to the agent at the time of entry. If he has not received any warnings before, he is unlikely to be denied entry. Normally, they first give a WARNING such as "stay out for 6 months or more next time" before turning him away. So as it goes, assuming he has not been warned, he'd likely be let back in, although it is best to wait at least 1-2 months before coming back.

We are wanting him here for another 80-90 day period to meet with clients he works with, to help plan the future of our software in whiteboard sessions and to attend user meet ups, and of course to have fun and hang out with friends he's made here in the US.

He can attempt to VWP, but if he wants a sure bet, he may be interested in a B1/2 visa, which allows him a 6 month entry. He'd have to apply for that in advance with the US Consulate back home - he cannot adjust to a B1/2 visa from a VWP, I am afraid.

I hope this helps and clarifies.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 1 year ago.

Thanks for the information. You mentioned the B1/2 Visa. What are the renewal restrictions on those?

Expert:  Ely replied 1 year ago.
R.T.,

Thanks for the information.

No problem and my pleasure.

You mentioned the B1/2 Visa. What are the renewal restrictions on those?

Have to receive them in advance from the US Consulate abroad. Good for 10 years, at a trip of 6 months duration each, with an optional one-time extension for another six months at every trip.

Mandated time of 6 months outside the country between each trip.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

I am so sorry for the delay in response, I'm very happy with your answer. Just one last clarification—what is the typical costs/timeline and most importantly acceptance rate for getting a B1/2 visa.

Expert:  Ely replied 1 year ago.
Hello friend,

No worries at all.

what is the typical costs/timeline and most importantly acceptance rate for getting a B1/2 visa.

The typical timeline for a B2 visa is about 2-6 months depending on how busy the US consulate is, although the US Consulate in the UK tends to work a lot faster, so say perhaps 2-4 months at the most in most cases from time of application to visa being received.

The acceptance rate is not published and varies by country, although provided he has no serious criminal history (and I assume he does not because he qualified for VWP), the acceptance rate is very high for British citizens - in the 90 percentile. I really do not think he would have a problem especially if he already was approved for the VWP (which does require an online application).

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87577
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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